The German speculation tax (Spekulationssteuer) applies to private disposals under § 23 EStG: anyone who sells property, cryptocurrencies or other movable assets at a profit must pay income tax on that gain — unless the holding period exceeds the statutory limit. Our speculation tax calculator computes the tax instantly and for free.
What Is the German Speculation Tax?
Spekulationssteuer is the informal name for income tax on private disposal gains under § 23 EStG. It does not apply to stocks or ETFs (those are subject to Kapitalertragsteuer / withholding tax), but to:
- Property (land, buildings): tax-free after 10 years
- Cryptocurrencies (Bitcoin, Ethereum, etc.): tax-free after 1 year
- Other movable assets (precious metals, art): tax-free after 1 year
The speculative gain is taxed at your personal income tax rate — not at the flat 25% withholding rate. See our income tax calculator for your personal rate.
Holding Period Rules: When Is the Sale Tax-Free?
| Asset Type | Tax-Free Holding Period | Legal Basis |
|---|---|---|
| Property (not owner-occupied) | > 10 years | § 23 para. 1 no. 1 EStG |
| Owner-occupied property | Tax-free (if used for own residence in year of sale and 2 preceding years) | § 23 para. 1 no. 1 sentence 3 EStG |
| Cryptocurrencies | > 1 year | § 23 para. 1 no. 2 EStG |
| Other movable assets | > 1 year | § 23 para. 1 no. 2 EStG |
The relevant date is the notary contract date (property) or acquisition date (crypto), not the payment date.
€1,000 Threshold: Not an Allowance!
There is a €1,000 threshold per calendar year (§ 23 para. 3 sentence 5 EStG). This is a threshold (Freigrenze), not an allowance (Freibetrag) — a crucial difference:
Threshold: If total gains are ≤ €1,000, they are entirely tax-free.
At €1,000.01, the entire gain becomes taxable — not just the excess.
Formula: Calculating the Speculative Gain
Speculative gain = Sale price − (Acquisition cost − Cumulative depreciation) − Disposal costs
Acquisition costs include: purchase price, real estate transfer tax (Grunderwerbsteuer), notary fees, buyer's agent commission.
Disposal costs include: seller's agent commission, notary fees for the sale, other direct selling costs.
Depreciation Recapture for Rented Property
Landlords who claimed depreciation (AfA) over the years face a twist: the tax authority reduces the cost basis by the cumulative depreciation claimed. This lowers the tax book value and increases the taxable gain.
Tax book value = Acquisition cost − Cumulative AfA
Worked Example: Property with Depreciation
Purchase price (2016): €200,000
Cumulative AfA (2016–2026, 10 × 2% = 20%): €40,000
Tax book value: 200,000 − 40,000 = €160,000
Sale price (2026): €320,000
Disposal costs: €5,000
Speculative gain: 320,000 − 160,000 − 5,000 = €155,000
Tax at 35% rate: 155,000 × 35% = €54,250
Worked Example: Crypto Held Under 1 Year
Purchase date: 01 Jun 2025 | Sale date: 01 Jan 2026 (7 months)
Purchase price: €10,000
Sale price: €15,000
Speculative gain: €5,000
Tax at 25% rate: 5,000 × 25% = €1,250
Difference from Capital Gains Tax (Kapitalertragsteuer)
Kapitalertragsteuer (withholding tax / Abgeltungssteuer) applies to shares, funds and interest — at a flat 25% plus solidarity surcharge. The speculation tax under §23 EStG applies to property and crypto — at your personal tax rate. See our capital gains tax calculator for the withholding tax calculation.
Using the Speculation Tax Calculator
Our free speculation tax calculator computes your tax in seconds:
- Select asset type (property, crypto or other)
- Enter purchase date and sale date
- Enter acquisition cost, sale price and disposal costs
- For property: enter cumulative depreciation (AfA)
- Enter your personal income tax rate
- Tax amount, speculative gain and tax status are shown instantly
Frequently Asked Questions
How long must I hold property to avoid speculation tax?
More than 10 years. The relevant date is the notary signing date. If you signed the purchase contract on 15 March 2015 and sell before 15 March 2025, speculation tax applies.
Does the 10-year rule apply to owner-occupied property?
No. Owner-occupied property is exempt if you used it as your primary residence in the year of sale and the two preceding years — regardless of the holding period.
How much speculation tax is due on crypto gains?
Your personal income tax rate applies. For a total income of €30,000 (single) and €5,000 crypto gain within 1 year, the marginal rate is approximately 30%.
What if my gain is exactly €1,000?
At exactly €1,000, the threshold applies and the gain is tax-free. At €1,000.01 or above, the entire gain is taxable.